TIEZA IRR re TEZ - Department of Tourism

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RULES AND REGULATIONS TO IMPLEMENT
REPUBLIC ACT NO. 9593 ON THE
DESIGNATION OF TOURISM ENTERPRISE
ZONES, REGISTRATION OF TOURISM
ENTERPRISES AND THE GRANT OF
INCENTIVES THEREIN
Jurisdiction
The TIEZA shall have sole and exclusive
jurisdiction in the establishment and designation
of a Tourism Enterprise Zone (TEZ) which shall
not be impliedly repealed or modified.
All permits and licenses shall be issued by
TIEZA to TEZ Operators and Registered Tourism
Enterprises.
Tourism Enterprise Zones
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
A. The area is capable of being defined into
one contiguous territory;
B. It has historical and cultural significance,
environmental beauty, or existing or potential
integrated leisure facilities within its bounds or within
reasonable distances from it;
C. It has, or it may have, strategic access
through transportation infrastructure, and reasonable
connection with utilities infrastructure systems;
Tourism Enterprise Zones
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
D. It must be at least five (5) hectares and sufficient
in size, such that it may be further utilized for
bringing in new investments. Provided that, in
extremely meritorious cases, an area less than five
(5) hectares may be developed as a TEZ if the Board
deems it sufficient for the purposes, requirements
and nature of the tourism project to be undertaken
therein;
E. It is in a strategic location such as to stimulate
the sustainable socio-economic development of
neighboring communities.
F. The area must be situated where controls can
easily be established to curtail illegal activities.
Tourism Enterprise Zones
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
The dispersal of economic activities in the least developed areas in the countryside is
encouraged. An area in any of the least developed areas identified in the annual Investment
Priorities Plan (IPP) shall be given priority to be declared as a Tourism Enterprise Zone.
Cultural Heritage Tourism Zone
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
areas that will allow the tourist to experience the places, artifacts and
activities that authentically represent the stories of the people living
in the area, past or present. The area may include, but will not be
limited to:
» Cultural landscapes;
» Historic sites, areas and precincts;
» Ruins, archaeological and maritime sites;
» Sites associated with industrial, scientific and agricultural
heritage;
» Collections that house or collectively promote objects of
heritage significance;
» Historic places and areas, including villages, small towns, cities
and parts of larger urban areas with significant cultural and
heritage assets;
» Museums, Art Galleries, Cultural Centers, Arts & Crafts Shops,
and Antique Shops, and Cultural Sites.
Health and Wellness Tourism Zone
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
areas that will allow visitors to avail of quality but affordable
mainstream, traditional, or alternative healthcare services for
treatment of illnesses and health problems in order to maintain one’s
health and well-being. The area may include, but will not be limited to
enterprises that are, or offer:
»
»
»
»
»
Medical and Allied Services;
Spas;
Health Farms;
Counselling and Rehabilitation Services; and
Traditional Filipino Touch Therapy
Eco-Tourism Zone
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
areas that will allow visitors to experience a form of sustainable
tourism within a given natural and/or cultural area where community
participation, conservation and management of biodiversity, respect
for culture and indigenous knowledge systems and practices,
environmental education and ethics as well as economic benefits are
fostered and pursued for the enrichment of host communities and
satisfaction of visitors. The area may include, but will not be limited
to:
» Sites of scenic natural or rural beauty;
» Areas for observing wildlife;
» Spas;
» Areas for low impact activities such as camping, trekking,
climbing, spelunking, diving, surfing, and other similar activities;
and
» Sites for observing and interacting with traditional or indigenous
practices in relation to the environment
General Leisure Tourism Zone
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
areas that may offer recreational facilities that will have high visitor
density. The area may include, but will not be limited to:
»
»
»
»
»
»
»
Golf Parks/Resorts
Theme Parks and Amusement Centers
Convention and Meeting Centers;
Sports Complexes/Resorts
Event Centers/ Resorts
Department Stores/Restaurants/Shops
Zoos
Mixed Use Tourism Zone
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
areas that will allow a combination of some
or all of the features of the
aforeaforementioned zones within one area.
Retirement communities and facilities duly
accredited by the Philippine Retirement
Authority may be located in General Leisure
Tourism Zones, Health and Wellness Tourism
Zones
and
Mixed-used
Tourism
Zonesmentioned zones within one area.
Qualification of Applicants
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
Any entity duly incorporated under
the Corporation Code and other
relevant laws, or any LGU or any
other instrumentality of government
in the pursuit of their mandate may
qualify as an applicant for the
designation of an area as a TEZ.
Investment Requirement
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
The minimum amount of investment required to
be entitled to incentives provided under the Act
shall not be less than Five Million US Dollars (US
$5,000,000.00) exclusive of land acquisition
costs. Provided that, in extremely meritorious
cases, an amount less than Five Million US Dollars
(US $5,000,000.00) may be invested for a Cultural
Heritage Tourism Zone or an Eco-Tourism Zone if
the Board deems it sufficient for the purposes,
requirements and nature of the tourism project
to be undertaken therein
Designation of Tourism Enterprise
Zones
Criteria for
Designation
of TEZs
Proponent files
application
TIEZA evaluates
application and prequalification
documents
TIEZA Board
evaluates
application and
evaluation report
Proponent submits
requirements
Zone
Classifications
Flowchart
Role of DOT
Role of LGU
TIEZA issues
Certificate of
Designation
TIEZA issues notice
to complete predesignation
requirements
Proponent signs
Designation
Agreement with
TIEZA signed by the
COO
TIEZA Incentives Compared to
other IPAs
Criteria for
Designation
of TEZs
Zone
Classifications
Incentives for
TEZs
Role of DOT
Role of LGU
TIEZA
Income Tax Holiday
6 years, extendible
for another 6 years
Net Loss Carry Over
Deduction from
gross income for 6
years
Gross Income
Taxation
5% GIT Rate
BOI
PEZA
3-6 years
4 years
-
-
-
Same as TIEZA
TIEZA Incentives Compared to
other IPAs
Criteria for
Designation
of TEZs
Zone
Classifications
Incentives for
TEZs
Role of DOT
Role of LGU
TIEZA
BOI
Importations of Capital
Reduction of the Rates of
Investment and
Duty on Capital Equipment,
Equipment
Spare parts and
100% exemption from all Accessories by virtue of EO
taxes and custom duties
528
Importation of
For spare parts, a
Transportation Equipment
and Spare Parts
registered enterprise with
a bonded manufacturing
Exemption from taxes and
duties for those which are warehouse shall be exempt
from customs duties and
not manufactured
domestically in sufficient
taxes
quantity
Importation of Goods and
Services
Same as TIEZA
Exemption from all taxes
and duties
PEZA
Tax and duty free
importation of capital
equipment
Same as TIEZA
Same as TIEZA
TIEZA Incentives Compared to
other IPAs
Criteria for
Designation
of TEZs
Zone
Classifications
Incentives for
TEZs
Role of DOT
Role of LGU
TIEZA
Tax credit
Equivalent to all taxes paid
on locally-sourced goods and
services
Social Responsibility
Incentive
Tax reduction equivalent to
50% of the cost
Employment of Foreign
Nationals
Issuance of special work
permits and residence of
spouse and children, free
importation of professional
instruments and household
effects
BOI
PEZA
Tax credit on domestic
breeding stocks and genetic
materials
VAT Zero rating on local
purchases of goods and
services, including land
based telecommunications,
electric power and water
bills
-
-
Supervisory, technical or
advisory positions for only 5
foreign nationals
Foreign nationals should not
exceed 5% of the
enterprise’s workforce
TIEZA Incentives Compared to
other IPAs
Criteria for
Designation
of TEZs
Zone
Classifications
Incentives for
TEZs
Role of DOT
Role of LGU
TIEZA
Special Investor’s
Resident Visa
For an investor and his
dependents
Foreign Currency
Transactions
Repatriation of
investment,
remittance of foreign
exchange and foreign
loans and contracts
BOI
PEZA
Same as TIEZA
Same as TIEZA
Same as TIEZA
Same as TIEZA
TIEZA Incentives Compared to
other IPAs
Criteria for
Designation
of TEZs
Zone
Classifications
Incentives for
TEZs
Role of DOT
Role of LGU
TIEZA
Requisition of
Investment
In the event of war or
national emergency and
only for the duration
thereof, the affected
person shall be entitled
to just compensation
Lease and Ownership of
Land
Lands and building may
be leased to foreign
investors for a period not
exceeding 50 years,
renewable for not more
than 25 years
BOI
PEZA
-
-
-
Same as TIEZA
Registered Tourism Enterprises
within TEZs
Criteria for
Designation
of TEZs
Zone
Classifications
Registered
Tourism
Enterprises
Role of DOT
Role of LGU
Any person, firm, association, partnership,
corporation, or any other form of business
organization may apply for registration as
a tourism enterprise to avail of incentives
and benefits.
Applications for registration shall comply with the applicable
nationality, control and/or ownership requirements of the working
capital thereof in accordance with the pertinent provisions of the
Philippine Constitution, Foreign Investments Act of 1991 as
amended and other relevant existing laws and regulations.
Registered Tourism Enterprises
Outside TEZs
Criteria for
Designation
of TEZs
Zone
Classifications
Registered
Tourism
Enterprises
Role of DOT
Role of LGU
Only an existing accommodation establishment not
located within a TEZ shall be entitled to claim
incentives.
The enterprise may avail of a non-extendible
Income Tax Holiday incentive not to exceed six (6)
years from the time of completion of the expansion
or upgrade
It shall also be entitled to import capital equipment
free of taxes and duties when necessary for the
expansion, renovation or upgrade
Role of DOT Regional Offices
Criteria for
Designation
of TEZs
Zone
Classifications
Flowchart
-Assist potential TEZ Operators in the
application process and participate in the
review of the TEZ development plan
-Endorsement of TEZ Designation to LGU
No TEZ shall be designated without a
development plan duly approved, by
resolution, by the LGU concerned.
Role of DOT
Role of LGU
-Monitoring of a TEZ Operator’s compliance
with the development plan and rules and
regulations of TIEZA
Thank you!
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